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STATE FOREST 
LAND LAWS 



ENACTED 



Sessions 1909 and 1911 



CHAPTER 147-1909 
CHAPTER 119-1911 



PublisHed by 

Montana State Forestry Boa^rd 






D. Of D. 
APR 6 1916 






\ 



CHAPTERS 147 and n 9 

Montana Session Laws J 909 and Amend- 
ments by Legislative Assembly of the 
State of Montana^ 1911 



An Act providing for the Management and Control of the 
Forest Lands now owned by or hereafter to be acquired 
by the State of Montana, including the Sale thereof, and the 
Management, Protection, and Disposition of the Timber 
Growing thereon; Naming and Providing for Certain Offi- 
cers subordinate to the State Board of Land Commissioners 
and prescribing their Duties and Compensation; and Defin- 
ing and Providing for the punishment of Certain Offenses 
for Violating the Provisions of this Act. 



State Forestry, 

Section IX. The Governor, by and with the advice and con- 
sent of the Senate, shall appoint a state forester, who shall be 
skilled in the science of forestry, whose salary shall be twenty- 
five hundred (2500) dollars per annum, and actual necessary 
expense while eng-aged in outside work, connected with his 
oflfice, and whose term of offiice shall be four years, or until his 
.successor shall be appointed and qualified, and he shall give a 
bond to the state in the sum of ten thousand (10,000) dollars, 
to be approved by the board and filed with the Secretary of 
State; and he shall be a civil executive officer. 

Duties of State Forester. 

Section X. The State Forester shall, under the direction 
and control of the State Board of Land Commissioners, do 
all the field work in the selection, location, examination, ap- 
praisement, and re-appraisement of state timber lands, whether 
now belonging- to' the state or hereafter granted to the state ; 
he shall do all acts rcfjuired of him to be performed l)y the 
said board, and under the direction of said board shall have 
general charge of the timber lands of the state. He shall act 
as secretary of the Forestry Board. He shall, under the super- 
vision of the State Board of Land Commissioners, execute 
all matters pertaining to forestry within the jurisdiction of 
the state; have charge of all rire wardens of the state, and 
direct and aid them in their duties ; direct the protection and 
improvement of state parks and forests; take such action as 
is authorized by law to prevent and extenguish forest, l)rush, 
and grass fires ; enforce the laws pertaining to forest and brush- 
covered lands, and prosecute fi'r any violation of such laws. 
He shall deliver a course of at least six lectures on practical 
forestry to the students attending the State University, the 
State Agricultural College, and the State Xormal School, dur- 
ing each school year. He shall prepare annually a report to the 
Governor on the progress and condition of the state forest 
work, and recommend therein plans for imjiroving the state 
system of forest protection, management and replacement. He 
shall furnisli notices, ])rinted in large letters on cloth, calling- 



attention to the danger from forest fires, and to the forest fire 
and trespass laws and their penalties. Such notices shall be 
posted Iw the hre warden in conspicuous places in the several 
counties of the state, and particularly in brush and forest cov- 
ered country, at frequent intervals along streams and lakes 
frequented by tourists, hunters, and fishermen, at established 
camping sites, and in every postoffiice in the forested region. 

Fire Wardens. 

Section XI. The state forester shall appoint in such num- 
ber and localities as he deems wise, public spirited citizens io 
act as volunteer fire wardens. Every sheriii", under sheriff, 
deputy sheriff, game warden and deputy game warden, shall 
be ex-officio a fire warden, but shall not receive any additicnal 
compensation by reason of the duties hereby imposed, and 
they shall be deemed paid fire wardens under the terms of this 
act. The supervisors and rangers of the federal forest re- 
serves within this state, whenever they formally accept tlie 
duties and responsibilties of fire wardens, may be appointed 
volunteer fire wardens, and shall have all the powers given to 
fire wardens by this act. The fire wardens shall promptly 
report all fires to the state board of forestry, take immediate 
and active steps to-ward their extinguishment ; report any 
violation of forest laws; and assist in apprehending and con- 
victing the oft'enders. 

Powers of Fire Wardens. 

Section XIT. The state forester, and all fire wardens, shall 
have the power of peace officers to make arrests without war- 
rants for violations, in their ]:)resence. of any state or federal 
forest laws, and no fire warden shall be liable for civil action 
for trespass committed in the dicharge of their duties. Any 
fire warden who has information which shows, with reasonable 
certainty, that anv per.son has violated any provision of such 
forest laws shall immediately take action against the oft"ender 
by making comj^laint before the proper magistrate, or by infor- 
mation to the proper county attorney, and shall obtain all pos- 
sible evidence ])ertaining thereto. Failure on the part of any 
paid fire warden to comply with the duties prescribed in this 
act, shall be a misdemeanor, and punishaljle by a fine of not less 
than twenty dollars, nor more than one thousand dollars, or im- 
prisonment in the county jail for not less than ten days nor more 



than twelve months, or by both sivch fine and imprisonment; 
and upon his conviction the district court wherein he is con- 
victed shall forthwith declare his office vacant, and notify the 
proper appointing" pcnver thereof. 

Additional Powers of Fire Wardens. 
Section XIII. All fire wardens shall have authority to call 
upon any able bodied citizen l)et\veen the ages of eighteen 
and fifty years, resident in the vicinity, for assitance in put- 
ting out fires ; and any such person who refuse to obey such 
summons, except for g'ood and sufiicient reason, is guilty of a 
misdemeanor, and upon conviction, shall be fined in the sum 
of not less than fifteen nor more than fifty dollars, or imprison- 
ment in the county jail not less than one nor more than thirty 
days, or both- such fine and imprisonment ; provided, that no 
citizen shall be called upon to fight fire a total of more than 
five days in one year. 

Duties of Fire Wardens. 
Section XIV. The state forester, assistant forester, and all 
fire wardens (except volunteer w^ardens), tmder such rules and 
regulations as the state board of land commissioners may pro- 
vide, shall protect the timber of the state, and especially the 
timber owned by the state, from destruction by fire, and for 
such purpose, in emergencies, may employ men and incur other 
expenses, when necessary; provided, that no fire warden shall 
incur any expense in excess of fifty dollars, without express 
atithority of the state board of land commissioners. 

Expenses of State Forester, 

Section XV. That the actual expenses and expendittires of 
the state forester, asistant forester and fire wardens necessarily 
incurred under this act. shall be paid in the same manner as are 
other expenses incurred in managing the state lands. 

Penalty for destroying Notices, 

Section XV^I. Any person who shall destroy, deface, remove 
or disfigure any sign, post or warning notice posted under the 
provisions of this act shall he guilty of a misdemeanor, and 
punishable upon conviction, bv a fine of not less than fifteen dol- 
lars and not more than two hundred and fifty dollars, or im- 
prisonment in the county jail for a period of not less than teti 



— 6— 

days nor more than three months, or l^y hoth such fine and 
imprisonment. 

Prosecutions. 
Section XV'IT. \A'hene\-er an arrest sliall be made for any 
x'iohition of the ])rovisions of this act. or whenever anv informa- 
tion of such violations shall Ite lodp,cd with him, the county 
attorney of the county in which this act was committed must 
prosecute the otfender or offenders if in his jud^'ment the facts 
warrant the same. If any county attorney shall fail to comply 
Avitli the provisions of this section he shall be q-uiltv of a mis- 
demeanor, and upon conxiction, shall be fined not less than one 
hundred dollars nor more than one thousand dollars; and, upon 
his conviction, the district court wherein he is convicted shall 
forthwith declare his oftice vacant, and notifv the ]M-oper ap- 
l^ointing- ])ower thereof. Actions ag-ainst the countA'^ attorney 
shall be brouoht b}' the attorney g"eneral in the name of the 
stale. The ])enalties of this section shall also applv to any 
magistrate, with ])roper authority who refuses or neglects to 
cause the arrest and ])rosecntion of any ])erson or persons, when 
a complaint under oath i^f a \iolation of :un' of the i)ro\'isions 
of this act has l)een Iridgcd with him. 

Forestry Board. 

.Section XX. The register of slate lands, together with the 
state land agent and the state forester, sliall constitute a for- 
estry board, of which the register of state lands shall l)e chair- 
n.ian. A m.'ijorit}' of said l)oar(l shall constitute a quorum for 
the transaction of business. 

Duties of Forestry Board. 
Section XXT. Tt shall be the dutv <)f the Forestry Board to 
ascertain the methods of reforesting the denuded forest lands 
ol the state to pre\ent forestry waste, and the destruction of 
f(_)rests b}- fire, to manage the forests of the state on forestry 
])rinci])les, to enconrage i)ri\ate owners in preserx'ing and grow- 
ing timber, and to conserve forest tracts arc^und the head wa- 
ters and on the water sheds of the water courses of the 
state; it shall make rej^orts i vf iis doings and recommendations 
to each session of the legislature, and, froni time to time, with 
approxal of ihe state board of land commissioners, ]:)ublish, for 
popular dislributioii, such r>f its conclusi()ns and recommen^- 



dations as may be ol public interest and concern. 

The state board of forestry may re-forest the water sheds of 
the state and expend such sums of money therefor as may be 
appropriated for that purpose by the le'gislatixe assembly. 

Assistant Forester. 
Section XXV. The state board of land commissioners is 
hereby authorized to appoint one assitant forester, with like 
qualification as the state forester, at such time or times as ma}^ 
be deemed necessary, to assist the state forester in any of the 
duties of his ofiice ; and he sh;ill draw pay only when actually 
engaged in the performance of such work, and shall hold office 
at the pleasure of the board, and his ])ay shall be not to exceed 
one hundred and fifty (150) dollars per month, together with 
actual necessary expenses while eng"a.g"ed in outside work con- 
nected with the office. He shall give such bond for the faithful 
performance of his duties as the state board of land' commis- 
sioners may require. 

Records of Timber. 

Section XXVII. 1'he slate board of land commissioners 
shall cause to be ke[)t accurate records showing the location, 
extent and character of all forest lands, and the kind and char- 
acter of timber growing' thereon and also an account of all 
timl)er sold, the person or persons to whom sold, the amount 
of money received therefor, and the (lis]>osition of tlie moneys 
so received. 

Confirmation of Sales, 

Section XL. All sales of state lands and all sales of timber 
on state lands, shall be subject to the api)roval and confirmation 
by the state board of land commissioners, and no sale shall be 
deemed completed until after such approval and confirmation. 

Section LIII. The State r)Oard of Land Commissioners 
shall have power to sell timber on state lands at such price 
per thousand feet as in its judg'ment shall be for the best in- 
terest of the state, but not otherwdse ; but no such sale of live 
tinil)er shall be made at a less price than three dollars per 
thousand feet. But no live timber less than eight inches in 
diameter, twent}- feet from the g-round. shall be sold or per- 
mitted to be cut from state lands. All timber sold or cut from 
state lands shall be cut and removed under such rules and reg- 



ulations for tlic preservation of standini^- timber, and the pre- 
vention of lires, as the State lioard of Land Commissioners 
shall prescribe; in all cases the board rnnst reqnire the person 
cutting the timber to pile the brush and slashings and dispose 
of the same in such manner as tO' prevent forest tires. Before 
any permit shall be granted, the timber shall be estimated and 
appraised under the direction of the state forester, upon the 
request, and subject to the approval of the State Board ol 
Land Commissioners, which estimates and appraisal shall 
show as nearly as ma}' be the amount and value per thousand 
feet of all tnnber me;isuring not less than eight inches in 
diameter, twenty feet from the ground, and also all other 
timber measuring below this standard on each tract or lot, 
together with a statement of the situation of the timber rela- 
tive to risk from tires or damage of any kind, its distance from 
the nearest lake, stream, or railroad, and its value and posi- 
tion as a protection to a water shed." 

Section LIV. No permit for cutting live timber shall be 
granted except to the highest bidder at a public sale held at 
the State Capitol, notice of which sale shall be published as 
provided b}' law, for the sale of state lands, but no sale shall 
be made at a less price than the appraised value of the timljer 
as fixed by the State Board of Land Commissioners ; and no 
timber shall be sold after the pasage of this act until the same 
has been re-appraised and estimated since March 19, 1909. 
Every person purchasing timber at such sale, before tlie ex- 
ecution of the permit to cut the same, sliall execute a bond 
to the State of Montana, in double the amount of the estimated 
value of the timber permitted to be cut, with sufficient sure- 
ties, to be approved l)y the board, conditioned upon the pay- 
ment to the State Treasurer of the amount that may be found 
due under the terms of such permit, and according to the pro- 
visions of law, and further conditioned upon the cutting of 
su'ch timber in C(:)mi)liance with such rules and reguUitions as 
may be presribed by the State B(3ard of I>and Commissioners 

Section LV. All permits to cut live timber under the pro- 
visions of this Act, shall be made according to a form pre- 
scribed by the Attorney General, and shall be siii^iied by the 
party applynig for the same and by the president and secre- 
tary of the State Board of Land Commissioners. 

Said permits shall contain a dcscri])tion of the land to be 



— ^- 

cut upon, the estimated amount of timber upon the same, the 
amount of large timber, required to be left standing, the 
time within which said timber shall be removed, the price per 
thousand feet, or the entire value of the timber, if the right'to 
clear the land lias been sold, for which the same was bid in, 
the stipulated log mark, and such other terms and conditions 
as may be necessary to make all logs cut under its provisions 
the absolute property of the state, until the same are paid 
for. Such permits, when properly executed, shall be recorded 
in the offiiee of the register of the State Board of Land Com- 
missioners, and the log mark described therein shall vest the 
ownership of all logs bearing the same in the State. Provided, 
however, that the State Board of Land Commissioners may 
authorize the State Forester to issue permits without notice 
to citizens of Montana to cut and take away dead standing 
timber under such rules and regulations as to price and quality 
as may be prescribed by the board, and provided further that 
the State' forester shall issue permits without notice to citi- 
zens of Montana to cut and take away down timber, with- 
out price, under such rules and regulations sa may be pre- 
scribed by the board. 

Section LVL The State Forester shall select and designate 
a log mark for each person granted a permit to cut logs upon 
state lands, which log mark, when so selected and designated, 
shall be filed in the office of the register of state lands, and 
shall be distinctly dift'erent from any other log mark selected 
and designated by him. The State Forester shall cause all 
logs so cut to be scaled, and make a detailed report of the 
same, to the State Board of Land Commissioners on or before 
the first day of every month, showing the name of the party 
cutting, the description of the land cut upon, the number of 
logs cut and marked, the mark placed thereon, the total num- 
ber of feet, and the value thereof per thousand, as shown by 
the records of this office, stating whether such cutting has 
been according to the terms of the permit, and, if not prop- 
erly cut, the consequent damage to the state; and such timber, 
or logs, shall not be sold, transferred or manufactured into 
lumber until the amovmt due the state, according to the re- 
port of said forester, shall have been paid in full ; and it shall 
be the duty of the state forester to report to the State Board 
of Land Commissioners all trespass which has been, or which 



liereafter be made upon the state timl^er lands, and all logs 
cut by trespassers shall be disposed of as hereinafter provided. 
Section LVII. Upon receipt of such report from the State 
Forester, the Register of State Lands shall draw a draft for 
the amount upon the party from whom the stumpage is due. 
If said party shall immediately make payment of the required 
amount, the Register shall execute a release of the logs, and 
transfer of the mark tliereon; but in no case shall such release 
or transfer be made until the lien of the state has been fully 
satisfied. If such purchaser shall not pay the amount of such 
draft within ten days after receipt of same, it shall be the 
duty of the State Board of Land Conunissioners to take posses- 
sion of the logs in question, and sell tlie same at public auction 
to satisfy the claim of the State, paying the overplus, if any, 
after defra_\ ing the cost and expenses of such sale to the party 
entitled thereto, provided, that if the proceeds of such sale are 
insufficient to ]iay the amount due upon the purchase price, 
together witli the costs and expenses of the sale the amount of 
such deficiency shall lie certified to the Attorney General by 
the State Board of Land Commissioners and he shall imme- 
diately proceed to collect such deficiency from the purchaser or 
his l)ondsman ; and, pro\ ided, that in lieu of taking possession 
ol the logs upon which stumpage is due, the State Board of 
Land Commissioners may turn the account oyer to the At- 
toi-ney < leneral, wlio sliall immediately proceed to collect the 
same upon the liond liercinliefore ]iro\-ided for: but in no case 
shall the logs be released until the account is paid. The pro- 
ceedings up'')n the l^ond shall not prevent the State Board of 
Land Coninussioners from seizing tlie logs at anv time before 
the claim oi" the State is satisfied. 

Penalty for false marks on Timber. 
Section lA'lll. If any ])erson, or any officer or employee of 
a c<irporation, iKning a contract t() cut limber under the pro- 
\isions of tliis act. with intent to defraud the state. ]dace any 
otiier log mark u])on lugs cut l)\' him or if, under such contract 
than tlie one mentioned therein he shall be deemed guilty of 
felony, and when upon cunviction thereof, shall be punished 
by a fine of not less than h'iye llnndred Dollars nor more 
than lM\e Tlumsand Dollars, .m- l)y imprisonment in the State 
Prison fo]- not less than <^nc year, nor more than three years, 



— II — 

or both ; and all logs upon which such false mark has been 
placed shall be forfeited to the State. 

Additional Penalty. 
Section LIX. That in addition to the penalties provided for 
in this title ag"ainst those committing trespass upon any of the 
lands owned or held in trust or otherwise by the State, the 
State Board of Land Commissioners is hereby authorized and 
empowered, without legal process, to seize and take, or cause 
to be seized and taken, an}?- and all lumber, wood, grass or 
other property, unlawfully severed from the said lands, whether 
the same has been remo^'ed from said lands or not. and may 
dispose of the same at either iniblic or private sale, in such 
manner as will be most conductive to the interests of the 
State, and all moneys arising therefrom, after deducting the 
reasonable and necessary expenses of such seizure and sale, 
shall be a part of the permanent fund to which such lands may 
belong. 

Board Defend Suits. 

Section LX. That f<ir the pur])ose of determining the title 
to any property seized and taken under the jirovisions of this 
Act. the State Board of Land Commissioners is herebv author- 
ized and empowered to defend, in the name of the State, any 
and all actions that may be brouglit for that purpose, and to do 
and perform all things necessary to protect the interests of the 
State. 

Section LXL The State l^^^rester, under the direction of 
the State Board of Land Commissioners, shall select and desig- 
nate a brand, which shall place, or cause to be placed, upon 
all timber logs, boards or planks, that may be seized, as pro- 
vided for in this Act. Anv person, or ^persons, or anv officer or 
employee of auA' com])any, association, or corporation, who 
shall remove, sell ov dispose of anv propertv mentioned in this 
act, after the same has l^een seized or marked witli the state 
brand, or who shall erase, deface, cut, or destroy any mark 
upon any such property, shall, upon conviction, be imprisoned 
in the state prison for a term of not less than one year, nor 
more than three years, and be subject to a fine of not less 
than Five Hundred ($500.00) Dollars nor more than Five Thou- 
sand ($5,000.00) Dollars. 



12 — • 

Penalty for False Appraisements. 

Section XCI\*. E\ery person ai)])ointed or selected to ap- 
praise any of the State Lands, of the timber thereon who will 
fully and knowingly makes a false return of any survey or any 
classification or api)raisal of tlie \alue of the land, or of the 
timber thereon, at variance fr()m the true classification or value 
thereof, or without having personally examined and surveyed 
the same, is punishal)le as provided in Section 8234 (240) of 
the Penal Code. 

Timber not to be Cut. 
Section XCV. If any purchaser of State Land, before re- 
ceiving his title therefor, cuts or destroys any timber on said 
land, more than shall be necessary in the building and repairing 
of fences and house and other necessary buildings thereon, and 
for fuel for the family of the occupant, he shall be liable in 
damages for all sucli excess, the amount of such damage to be 
recovered in an action in the name of the State, to be instituted 
by the Attorney General, in the cotmty in which the land is sit- 
uated. 

County Commissioners may Protect Forests. 

Section CV. The Board of County Commissioners of any 
county may provide monev for the purposes of forest protec- 
tion, improvement and management. 

Penalty. 

Section CV^L Any officer or emidoyee of the State of Mon- 
tana guilty of a violation of any of the provisions of this Act 
and not herein otherwise provided for is hereby declared guilty 
of a felony, and shall lie punished l)y imprisoimient in the State 
Prison for a term not exceding ten years, or by a fine not ex- 
ceeding Five Thousand Dollars, or by both fine and imprison- 
ment. 

Repealing. 
Section CVIL All Acts and parts of Acts in conflict with 
the provisions of this Act are hereby repealed. 

When in Force. 

Section CVITT. This Act shall be in full force and effect from 
and after its passage and approval. 
Approved March 7th, 1911. 



— ^3— 

CHAPTER NO. iig. 
House Bill No. 409. 

"An Act authorizing- the issuance of permits to cut and take 
away timber for domestic purposes from State timber lands." 
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY 
OF THE STATE OF MONTANA: 

Section I. The State Board of Land Commissioners are 
hereby empowered to authorize the State Land Agent or the 
State Forester to issue permits without notice to bona fide 
citizens of the State of Montana authorizing such citizens to cut 
and take away from the timber lands of the State, timber in 
small quantities to be used by such citizens for domestic build- 
ing and fuel purposes only, under such rules and regulations 
as to price and quantity as may be prescribed by the said 
Board. 

Section II. All Acts and parts of Acts in conflict herewith 
are hereby repealed. 

Section III. This Act shall be in full force and effect from 
and after its passage and approval. 

Approved March 7, 191 1. 



Gaylord Bros. 5|.#|S:^i|^;:r Ji^^''^^'-^^ 



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PAT. m 21, 1908 



LIBRARY OF CONGRESS 



002 816 230 3 




